Nash v. R. & F. Railroad

Citations

• 82 Va. 55
• 1886 Va. LEXIS 8

Syllabus

<p>1. Negligence.—Negligence is usually a mixed question of law and fact, and in all such cases it should be determined by a jury.</p> <p>2. Negligent Injuries—Contributory negligence—Case at bar — N. in covered wagon, open at each end and drawn by two horses, was traveling on Broad street, in city of R., parallel with R. & F. Railroad track. On reaching its intersection with Hancock street, and being about to cross the track, he looked up and down for trains, and seeing none, turned to pass over at the crossing. Fast mail train was coming in on time at four or five miles an hour; a box car, on side track, in some degree, prevented engineer from seeing wagon until within 25 or 30 feet, when he at once did all he could to stop, but collision occurred between engine and hind end of wagon, which was slowly going across the track, breaking the wagon and N.’s thigh. In action by N. against company for damages—</p> <p>Held :</p> <p>Though defendant may have been guilty of some negligence in leaving the box car on the siding, still defendant’s own negligence in turning short and crossing track slowly without having used reasonable care to ascertain if train was coming, was the proximate cause of the collision, and he cannot recover.</p>